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(영문) 대구지방법원 2015.08.13 2014고단5382
사기
Text

A defendant shall be punished by imprisonment for not less than eight months.

However, the execution of the above punishment shall be suspended for two years from the date this judgment becomes final and conclusive.

Reasons

Punishment of the crime

1. Around March 1, 2009, the Defendant made a false statement to the victim D that “if he/she lends KRW 10 million to operate a amusement room, he/she will pay 50-1 million per day” at the coffee shop in Dongdaemun-gu Seoul, Dongdaemun-gu.

However, in light of the fact that the Defendant did not have any property or income, and the husband E was a bad credit holder since 2006, and that he did not rent a store necessary for the operation of the entertainment room or borrowed money as above since there was no fund for the purchase of the amusement machine, not only the above money but also the amount of KRW 2 million which was paid with the investment money of the entertainment room on December 17, 2006, and the amount of KRW 5 million borrowed from the entertainment room on December 18, 2008, which was not repaid at the same time as the funds for the operation of the entertainment room on December 18, 2008, there was no intention or ability to pay KRW 50-1 million each day due to the operation of the entertainment room.

Nevertheless, the Defendant is the victim as above, and the Defendant was transferred KRW 7 million from the victim as the loan money on March 6, 2009 to the Agricultural Cooperative Account in the name of F, and the same year.

3.7. Cash 3 million won was received under the same name and acquired through deception.

2. On March 5, 2013, the Defendant concluded that “A victim I will pay KRW 400,000 as annual earnings if he/she invests KRW 10,000 in the amusement room” at H restaurant located in Daegu-gun G, and that “A victim would make an investment of KRW 700,000 in the amount of KRW 10,000 in the amount of KRW 7 million if he/she invests in the amount of KRW 3 million again as he/she refuses it,” and that “A victim will settle the amount of KRW 400,000 in the amount of KRW 70,000 in the amount of daily earnings and receive KRW 400,00 in the amount of daily profits from the exchange.”

However, the defendant did not pay the borrowed money as stated in the above paragraph (1) and did not have any intention or ability to operate the entertainment room like the above paragraph (1) or pay the profits of the entertainment room at the time.

Nevertheless, as above, the Defendant belongs to the victim, and that belongs thereto from the victim on March 2013.

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